If your marriage is deteriorating, you may be looking for ways to start the separation process. If you’re struggling to figure out what to do, you might not realize that you have options other than immediately going to court to fight things out.
In this blog, we’ll review two legal options that are available to separating couples as alternatives to a court battle: separation agreements and consent orders.
If you’re looking for ways to resolve the issues involved with a ending your marital relationship, a separation agreement or consent order could help. Here are the differences between them:
A separation agreement is a private contract between spouses that outlines how you and your spouse want to settle the issues related to your separation and the end of the marriage. You can enter into a separation agreement at any time after you separate. The terms of the agreement remain in full force and effect even after the actual divorce, which you cannot get until you have been separated for one year. This contract can deal with all issues related to a separation and end all aspects of the marital relationship except that you cannot get remarried until you are divorced.
Because a separation agreement is a contract, it’s not on public record and one party can sue if the other violates the terms of the agreement. Signing a separation agreement is serious, so it’s always a good idea to consult an experienced North Carolina divorce attorney before signing one.
A consent order is similar to a separation agreement in that it can resolve all issues related to the dissolution of the marriage. However, the parties sign it and it is then presented to a judge and it becomes a court order which is enforceable by contempt. To get a consent order, you must file a lawsuit against the other person. And because it’s part of a lawsuit, any consent orders are on public record.
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